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Texas charity, State of Wyoming end dispute over rights to the bucking-horse-and-rider logo

A two-year showdown between the state of Wyoming and a Texas charity over rights to the bucking-horse-and-rider logo has been resolved, Wyoming Secretary of State Joe Meyer said Thursday.

The two sides this week signed a settlement agreement allowing Texas Stampede Inc. limited use of the coveted rodeo symbol.

Associated Press

http://www.billingsgazette.com/index.php?id=1&display=rednews/2004/07/02/build/wyoming/30-dispute-logo.inc

"It’s a satisfactory resolution of the issue," Meyer said. "I’d have preferred it be done through a license agreement, but it wasn’t meant to be."

Texas Stampede, which stages concerts and professional rodeos to benefit children at two Dallas hospitals, has been using a bucking bronc and rider since the group’s inception in 2001. Wyoming claims that it has featured the logo since 1918.

While the Texas steed faces left instead of right, both symbols show a cowboy holding his hat overhead on a bronc with its back arched and rear hooves raised, poised to kick.

When Wyoming claimed the Texas mark was too similar to its own federally registered logo, the Stampede asked the U.S. Patent and Trademark Office to cancel Wyoming’s right to the symbol, claiming that the state had abandoned it.

Under the agreement, Wyoming retains ownership of the brand, and Texas Stampede may market its products with the logo only within Texas or on its Web site and must always place the words "Texas Stampede" on the horse.

The Dallas group also must place a disclaimer on its publications, materials and Web site stating that it is not affiliated or connected with the state of Wyoming.

Both sides agreed to drop their claims.

Officials with Texas Stampede were unavailable for comment after business hours.

Meyer said the matter could have been resolved long ago if the Texas group had simply asked permission. Wyoming does not charge charitable organizations to use the logo.

"We’re in the same position as we were in before, as far as the integrity of the Wyoming bucking horse," he said. "It just took two years to get there. We don’t have to continually pay attorneys to pursue litigation. That’s the key."

Hiring outside attorneys cost about $130,000, Meyer said.

The Legislature had appropriated $250,000 more, which became available Thursday, for the trademark battle, That money will revert to the state General Fund, Meyer said.

Wyoming’s version of the image appears on the state’s license plates, government buildings and stationery, as well as University of Wyoming athletic uniforms and merchandise.

Wyoming officials say the insignia was first used in 1918, when members of the Wyoming National Guard wore it in France and Germany during World War I.

The state obtained a copyright in 1936, the first year it appeared on license plates, and state officials say it has been used continuously ever since.

Copyright © 2004 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

Copyright © The Billings Gazette, a division of Lee Enterprises.

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